News & Analysis as of

Telemarketing Private Right of Action Telephone Consumer Protection Act

Perkins Coie

Texas Broadens State’s TCPA Rules and Increases Litigation Risks for Marketers

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Texas has enacted amendments to its state version of the federal Telephone Consumer Protection Act (Tex. Bus. & Comm. Code §§ 301-305) (the Texas Mini-TCPA), adding three key pressure points that will increase both compliance...more

Kelley Drye & Warren LLP

Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to...more

Winstead PC

Before You Hit Send, There’s a Change to Texting Rules in Texas

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Does your business send marketing text messages to Texas residents or from Texas? If so, you may need to register each business location from which you send texts with the Texas Secretary of State. ...more

Morrison & Foerster LLP

A MoFo Privacy Minute Q&A: Amendments to Texas’s “Mini-TCPA”

Question: Amendments to Texas’s “Mini-TCPA” take effect on September 1, 2025. How will these changes impact my business’s telemarketing activities? Answer: The amendments broaden the scope of Texas’s telemarketing law....more

Klein Moynihan Turco LLP

Major Decision for Defense Bar: Text Messages Do Not Satisfy DNC Pleading Requirements

On July 21, 2025, the United States District Court for the Central District of Illinois issued an important decision for Telephone Consumer Protection Act (“TCPA”) defendants. In Jones et al. v. Blackstone Medical Services,...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Updates — July 2025

The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more

Troutman Amin LLP

EVERYTHING IS BIGGER IN TEXAS: SB140 PASSED–TEXAS’ NEW MINI-TCPA TAKES EFFECT SEPTEMBER 1, 2025!: Bringing New Private Right of...

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On June 20, 2025 – Governor Abott signed into law Texas Bill SB140 – as TCPAWorld previously reported the Texas-sized bill drastically amends the Texas Mini-TCPA statute – the Texas Business & Commerce Code (“TBCC”) by...more

Troutman Pepper Locke

New Mexico Federal Court Denies Summary Judgment on Majority of Claims Brought Under the TCPA Over Telemarketing Calls

Troutman Pepper Locke on

Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact...more

Klein Moynihan Turco LLP

Telemarketers Ask: What Is an Oklahoma Automated System?

Klein Moynihan Turco LLP on

On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The...more

Eversheds Sutherland (US) LLP

Mini in name only: state “Mini-TCPAs” carry a big bite and present potential oversized risks

The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more

Faegre Drinker Biddle & Reath LLP

FTSA Does Not Apply to Calls Selling Services to Businesses

The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more

Jackson Lewis P.C.

The New Wave of Florida Telephone Solicitation Act Litigation

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With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s...more

Venable LLP

North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections

Venable LLP on

Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more

Faegre Drinker Biddle & Reath LLP

Texas District Court Joins the Third, Sixth, and Eleventh Circuit Courts of Appeal, Permitting a Private Right of Action for...

The Northern District of Texas, in Powers v. One Technologies, LLC, joined its sister courts and the Third, Sixth, and Eleventh Circuit Courts of Appeal to hold that 47 C.F.R. § 64.1200(d), which prohibits certain...more

Perkins Coie

Recent Developments in Telephone Consumer Protection Act Litigation

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Litigation of the Telephone Consumer Protection Act (TCPA) is an active area with frequent developments important to the consumer finance space. Two recent cases are worthy to note. In Loyhayem v. Fraser Fin. & Ins. Servs.,...more

ArentFox Schiff

Class Action Quarterly Update: TCPA

ArentFox Schiff on

An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

Holland & Knight LLP

Florida's New Mini-TCPA: What You Need to Know

Holland & Knight LLP on

Florida's Senate Bill 1120 became effective on July 1, 2021, and has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227., et. seq. The statute, referred to as Florida's "Mini-TCPA,"...more

Carlton Fields

CF on Cyber: An Update on the Changes to the Florida Telemarketing Act

Carlton Fields on

On June 29, Gov. Ron DeSantis signed into law a bill enacting substantial changes to the Florida Telemarketing Act, which are effective July 1, 2021. In this podcast, Carlton Fields shareholders Aaron Weiss and Charles...more

Benesch

Florida “Mini-TCPA” Signed Into Law, Impacts Autodialed Telemarketing Calls and Text Messages

Benesch on

It is official: effective July 1, 2021, Florida is set to amend its existing telemarketing laws to add significant teeth, via SB 1120. The statutory amendments of SB 1120 greatly expand liability for marketing calls and text...more

Womble Bond Dickinson

TCPAland Disaster In the Making!: New Bi-Partisan TRACED Act Hopes to Put the TCPA On Steroids to Stop Robocalls– Here’s Why...

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I make a point to never post on the weekends. But this is a huge deal. And although it is a beautiful autumn afternoon outside, we need to talk TCPAland. Congress just proposed a bill to attack robocalls by leveraging the...more

Womble Bond Dickinson

Innocent Until Proven Guilty: TCPA Complaint Using Unproven Claims in Earlier Suit as Crowbar for “Information and Belief”...

Womble Bond Dickinson on

Determining what allegations are sufficient to establish direct and vicarious liability in TCPA cases is almost as tricky as determining whether ATDS allegations are sufficient. Just last week I reported that platform...more

Womble Bond Dickinson

Changes on the horizon? Here is the REDLINE You’ve Been Waiting for Tracking How the Stopping Bad Robocalls Act Would Change the...

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Back on June 7, 2018, Representative Frank Pallone, Jr. and Senator Edward J. Markey proposed similar bills to their respective branches of Congress, each entitled the “Stopping Bad Robocalls Act.” The bills are 19 and 18...more

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